Citation Nr: 20046645
Decision Date: 07/13/20	Archive Date: 07/13/20

DOCKET NO. 16-30 416
DATE: July 13, 2020

REMANDED

The claim for service connection for diabetes mellitus, type II is remanded.

The claim for service connection for an acquired psychiatric condition claimed as a mental condition is remanded.

REASONS FOR REMAND

The Veteran had active duty service in the U.S. Army from June 1985 to April 1988. 

There was a Board videoconference hearing held in January 2020 before the undersigned Veterans Law Judge (VLJ).  The transcript of this proceeding is of record.  

1. The claim for service connection for diabetes mellitus, type II is remanded.

2. The claim for service connection for a mental condition is remanded.

Having duly reviewed the evidence, with consideration moreover to the contentions and points raised by the Veteran in furtherance of the matters              on appeal, this matter needs to be remanded to consider additional evidence.   Since the case was formally appealed by traditional appeals process, it is apparent numerous sources of additional evidence were obtained and then associated with the electronic system case record, that being more than 20 additional entries of VA Medical Center (VAMC) outpatient treatment records.   

In April 2020 the Board sent correspondence to the Veteran, without response, which requested waiver of original consideration by the Regional Office (RO) as Agency of Original Jurisdiction (AOJ) of the post-certification records, the case should be remanded back there.  38 C.F.R. § 19.31(c) (providing for when it is warranted to issue Supplemental Statement of the Case, after a Board remand).

The matters are REMANDED for the following action:

The AOJ should readjudicate the claims on appeal in light of all additional evidence received, particularly the extensive VA Medical Center (VAMC) records obtained in 2019, which have not yet been duly considered and associated with the record.  If the benefit sought on appeal is not granted, the Veteran and his representative should be furnished with a Supplemental Statement of the Case (SSOC) and afforded an opportunity to respond before the file is returned to the Board for further appellate consideration.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Lyons, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.